USPTO Director John Squires has been active since taking office, including through recent precedential and Director Review decisions shaping Patent Trial and Appeal Board (PTAB) practice.

In a recent informative decision involving Tesla, the USPTO allowed several inter partes review (IPR) petitions to proceed against patents directed to vehicle gear selection control technology. Notably, the Office applied recent Director guidance concerning discretionary denial and found that Tesla’s U.S. manufacturing activities weighed in favor of allowing the IPRs to proceed.

The decision reflects an emerging focus under Director Squires on the relationship between PTAB proceedings, domestic industry, and American manufacturing. For patent owners and accused infringers alike, the development serves as a reminder that evidence concerning U.S. manufacturing, domestic investment, and related commercial activity may now play an increasingly important role in PTAB strategy.

Tyler J. Litwak is an intellectual property attorney at Malloy & Malloy whose practice includes patent, trademark, copyright, trade secret, and related dispute matters. He assists clients with U.S. and international IP protection, enforcement, infringement issues, and IP-focused agreements, and is available to meet with clients in the Firm’s Miami, Boca Raton, and other South Florida offices.